1. The appellant is the original plaintiff whose suit for a declaration that the partition effected by the plaintiff's father defendant No. 2 on 10th July, 1956 under which the suit land came to the share of the plaintiff and that the plaintiff, therefore became the landlord of the suit land on and from 10th July, 1956 and for a further declaration that defendant No. 1 tenant was not a deemed purchaser of the suit land and the award passed in the proceeding under S.32G of the Bombay Tenancy and Agricultural Lands Act , 1948 ('the said Act') is illegal and without jurisdiction was dismissed by the learned Second Joint Civil Judge (Senior Division) Baroda, the suit being special civil suit No. 184 of 1971.

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5. Mr. H.H. Mehta, the learned Advocate appearing for the appellant - plaintiff submits that the lower court erred in dismissing the suit on the ground that it had no jurisdiction. In the submission of Mr. Mehta, the jurisdiction of the civil court with regard to the decision of title between the parties is not barred by the provisions of the Tenancy Act. It is true; concedes Mr. Mehta, that by S.32 - G of the said Act, the question with regard to determination o